Vehicle Rental and Use Terms and Conditions
This document constitutes an adhesion contract between SICARRO (hereinafter "The Platform") and the natural person who uses the service (hereinafter "The User").
The primary rental relationship is established directly between The User and the vehicle owner affiliated with the platform (hereinafter "The Affiliate"), with SICARRO acting solely as a technological intermediary, facilitating contact, digital process management and payments, without being the owner of the vehicles or direct provider of the rental service.
By clicking "Accept" or initiating a reservation, The User declares having read, understood and fully accepted the following terms and conditions:
1. CAPACITY AND LEGALITY REQUIREMENTS
The User guarantees and agrees to:
• Be at least 21 years of age, and possess a valid and legible Salvadoran Driver's License. If a foreigner, they must carry a valid license from their country of origin and a passport (in accordance with legal deadlines).
• Have no physical or legal impediments to driving.
• The vehicle may only be driven by the User who is the account holder. It is prohibited to transfer driving to unauthorized third parties not authorized by the platform.
2. VEHICLE CONDITION, INSPECTION AND RETURN
• Delivery: The User receives the vehicle in optimal working condition, cleanliness and with the fuel tank as specified in the App.
• Digital Inspection: Before moving the vehicle, The User must perform the photographic "Check-in" in the App. Any damage not reported at that time will be presumed to have been caused by The User.
• Return Rules: The vehicle must be returned at the agreed place, date and time.
• Delays: Any delay greater than one hour will generate a late fee.
• Fuel and Cleanliness: If the vehicle is returned with less fuel or excessive dirt, an administrative charge will be applied directly to The User's card.
3. PROTOCOL FOR NON-RETURN (MISAPPROPRIATION)
If the vehicle is not returned within the hours following the end of the contract without prior communication:
• The Platform will terminate the relationship and proceed with remote deactivation of the vehicle (if equipped with GPS).
• A complaint will be immediately filed with the Attorney General's Office (FGR) and the PNC for the crime of Misappropriation or Unlawful Retention (Art. 217 Penal Code) and/or Vehicle Theft.
• The User authorizes the publication of the search alert on social networks and security databases.
4. ZERO TOLERANCE AND CRIMINAL LIABILITY
• Driving under the influence of alcohol (above legal limits), drugs or narcotics is prohibited.
• Liability: The User assumes full Criminal and Civil Liability for accidents, injuries or death of third parties.
• Insurance Exclusion: Insurance will be automatically voided if the driver tests positive on a breathalyzer test or if they flee the accident scene. In these cases, The User will pay 100% of the damages out of pocket.
5. INSURANCE, DAMAGES AND DEDUCTIBLES
• The vehicle has damage insurance. However, The User is responsible for paying the Policy Deductible in case of a claim where they are at fault.
• Uncovered Damages: Damage to tires, rims, upholstery, loss of keys or documents, and damage due to negligence (driving in floods, overheating) will be charged entirely to The User.
• Charge Authorization: The User authorizes The Platform to charge their credit/debit card for amounts related to deductibles, minor repairs or damages verified after return.
6. TRAFFIC FINES AND PENALTIES
The User is solely responsible for infractions committed during the rental period.
• Subsequent Billing: If The Platform or the Affiliate receives a photo fine or ticket after the trip, The User authorizes the charge of the fine amount plus a surcharge.
• Impoundment: If the vehicle is impounded by the Ministry of Transportation due to The User's fault, they must pay for towing, storage and the days the vehicle is inactive.
7. SPECIFIC PROHIBITIONS
It is strictly prohibited to:
• Sublet the vehicle.
• Use the vehicle for heavy cargo transport, towing or racing.
• Transport illicit substances or perform criminal acts.
• Cross international borders without prior written authorization.
8. PLATFORM LIABILITY EXEMPTION
The User acknowledges and expressly accepts that SICARRO does not own the vehicles, does not provide the rental service, does not act as a car rental company and does not participate in the driving, custody or use of the vehicle.
The Platform acts solely as a technological intermediary between The User and The Affiliate vehicle owner.
Consequently, The Platform shall not be liable, directly or jointly, for material damages, personal injuries, death, economic losses, traffic violations, illicit acts or any other harm arising from the use of the vehicle, even when such damages are caused to third parties.
9. INDEMNITY AND LEGAL DEFENSE
The User agrees to hold harmless, defend and release The Platform, its partners, administrators, employees and representatives, from any claim, demand or judicial or administrative proceeding initiated by third parties.
This obligation includes full payment of indemnifications, fines, penalties, court costs and attorney fees.
10. LIMITATION OF LIABILITY
In no case shall The Platform be liable for indirect damages, lost profits, loss of opportunities, moral or reputational damage.
In the unlikely event that liability is determined against The Platform, it shall be limited to the amount actually paid by The User to The Platform in the specific transaction that gave rise to the claim.
11. SERVICE TERMINATION AND SUSPENSION
The Platform may suspend or cancel The User's access, block their account or cancel reservations when there is suspicion of non-compliance, operational risk or misuse.
12. FORCE MAJEURE
The Platform shall not be liable for breaches resulting from acts of God or force majeure.
13. LEGAL RELATIONSHIP
The User acknowledges that the rental relationship is established directly with The Affiliate vehicle owner, with The Platform being a technological intermediary.
14. CONSENT FOR DATA USE AND TRACKING
• The User authorizes the processing of personal data and GPS tracking of the vehicle.
• In case of investigation, The Platform may share information with competent authorities and insurers.
15. JURISDICTION
For any dispute, The User accepts to submit to the courts of the District of San Salvador, Municipality of San Salvador Centro.
16. DEPOSIT / GUARANTEE (ADDITIONAL CLAUSE)
In order to guarantee compliance with contractual obligations, The User agrees to provide a DEPOSIT or GUARANTEE, the amount of which will be determined and communicated in advance through the Platform and/or the individual rental contract.
• Payment method: The deposit will be delivered in cash directly to the Affiliate or according to the instructions indicated by the Platform at the beginning of the rental.
• Purpose: The deposit guarantees damages, shortages, delays, fines, cleaning, fuel, deductibles, contractual breaches or other charges attributable to The User.
• Restitution: The deposit will be returned fully or partially once the rental is finished and the vehicle condition is verified, within the period established on the Platform.
• Retention: In case of damages, breaches or pending charges, the Affiliate and/or the Platform are authorized to retain the deposit fully or partially, without prejudice to claiming additional amounts if the damage exceeds its value.
17. PAYMENT PROCESSING FEE
When The User makes an online payment through the Platform, a Service Fee (currently 9% for a card payment and 5% for a Bitcoin Lightning payment, VAT included) is applied to the rental price. This fee covers online payment processing, the operation of the Platform and support, and is displayed as a separate line during the payment process. The total is rounded up to the next whole dollar. The Service Fee does not apply when payment is made in person (cash or direct transfer). The security deposit and the delivery fee are not paid online: The User pays them directly to the Supplier when the vehicle is handed over.